Res P-83-55RESOLUTION NO. P-83-55
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 83-03 AND
DEVELOPMENT REVIEW 83-10
ASSESSOR'S PARCEL NUMBER 317-49-048
WHEREAS, Conditional Use Permit and Development Review, submitted by J & R
Construction Applicant, requests approval of an addition to an existing
restaurant to allow for drive-through service located at 12711Poway Road in the
CO (Commercial Office) zone; and,
WHEREAS, on December 13, 1983, the City Council held a duly advertised
public hearing to solicit comments from the public, both pro and con, relative
to this application.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Findings:
Conditional Use Permit
That the location, size, design, and operating characteristics of
the proposed use will be compatible with and will not adversely
affect or be materially detrimental to adjacent uses, residents,
buildings, structures, or natural resources;
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That the harmony in scale, bulk, coverage and density is
consistent with adjacent uses and is consistent with the Community
Design Element of the General Plan;
3. That there are available public facilities, services and
utilities;
4. That there will not be a harmful effect upon desirable
neighborhood characteristics;
5. That the generation of traffic will not adversely impact the
surrounding streets and/or the City's Circulation Element;
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That the site is suitable for the type and intensity of use or
development which is proposed;
That there will not be significant harmful effects upon
environmental quality and natural resources;
That there are no other relevant negative impacts of the proposed
use that cannot be mitigated; and
That the impacts, as described above, and the location of the
proposed use will not adversely affect the City of Poway General
Plan for future as well as present development.
Resolution No. P-83-55
Page 2
Development Review
1. That the proposed development is in conformance with the Poway General
Plan.
2. That the proposed development will not have an adverse aesthetic,
health, safety or architecturally related impact upon adjoining
properties.
3. That the proposed development is in compliance with the Community
Design Element of the General Plan and the Zoning Development Code.
4. That the proposed development encourages the orderly and
harmonious appearance of structures and property within the City.
Section 2: Environmental Findings:
This project will not have an adverse impact to the environment and a
categorical exemption has been issued.
Section 3: City Council Decision:
The City Council hereby approves Conditional Use Permit 83-03 and
Development Review 83-10 subject to the following conditions:
1. The existing pole sign shall be replaced by a monument sign no higher
than ten (10) feet.
2. Directional signage "Right Turn Only" adjacent to the egress to Poway
Road shall be included in the subsequent sign permit application.
3. All directional signage shall be located and installed to the
satisfaction of the Director of Planning Services to ensure conformity
with the Community Design Element of the General Plan and the
Comprehensive Sign Ordinance.
4. Fire Protection fees shall be revised as a result of the structure
addition in accordance with City Ordinance.
5. All new landscaping areas shall have a 6" high P.C.C. curbing.
6. Landscaping shall be provided in all areas as designated on Attachment
6 of the December 13, 1983 staff report for this project.
Resolution No. P-83-55
Page 3
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Section 4: City Council Decision:
The City Council hereby approves Conditional Use Permit 83-03 and
Development Review 83-10 subject to the following Standard Conditions:
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND BUILDING SERVICES
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
S ~I'TE DEVELOPM~T
Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
Approval of this request shall not waive compliance with all sections of the
Zoning Development Code and all other applicable City Ordinances in effect
at the time of building permit issuance.
Trash receptacle areas for commercial, manufacturing, and multifamily
developments shall be enclosed by a 6 foot high masonry wall with
view-obstructing gates pursuant to City standards. Location shall be
subject to approval by the Planning Services Department.
Ail roof appurtenances, including air conditioners, shall be architecturally
integrated, shielded from view and sound buffered from adjacent properties
and streets as required by the Planning Services Department.
The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
For a new commercial or industrial development, or addition to an existing
development, the applicant shall pay development fees at the established
rate. Such fees may include, but not be limited to: Permit and Plan
Checking Fees, Water and Sewer Service Fees. These fees shall be paid prior
to building permit issuance.
This approval shall become null and void if building permits are not issued
for this project within one year from the date of project approval.
Building identification and/or addresses shall be placed on all new and
existing buildings so as to be plainly visible from the street or access
road; color of identification and/or addresses shall contrast with their
background color.
Resolution No. P-83-55
Page 4
Bo PARK'rBC AmD V~cflXCULAR ACCESS
1. All parking lot landscaping shall consist of a minimum of one fifteen (15)
gallon size tree for every three (3) parking spaces. For parking lot
islands, a minimum 12 inch wide walk adjacent to parking stalls shall be
provided and be separated from vehicular areas by a 6 inch high, 6 inch wide
portland concrete cement curbing.
2. All parking spaces shall be double striped.
C o LAEDSCAPIEG
1. A detailed landscape and irrigation plan shall be submitted to and approved
by the public Services Department and Planning Services Department prior to
the issuance of building permits.
2. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance with the City of Poway Ordinance and shall be planted at an
average of every 30 feet on interior streets and 20 feet on exterior
streets.
3. Ail landscaped areas shall be maintained in a healthy and thriving
condition, free from weeds, trash, and debris.
D o S IGRS
1. Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
Eo RE~REATIOE No Conditions
F. EXISTIRG STRIJCT~JRRS No Conditions
Go ADDITIORAL APPROVALS REQUIRED No Conditions
II. APPLICANT SHALL CONTACT THE PUBLIC SERVICES DEPARTMENT REGARDING COMPLIANCE
WITH THE FOLLOWING CONDITIONS:
Ho GRADIEG No Conditions
STREETS AND SIDEWALKS
I. Reciprocal access and maintenance and/or agreements shall be provided
insuring access to all parcels over private roads, drives or parking areas
and maintenance thereof to the satisfaction of the Director of Public
Services 0
Resolution No. P-83-55
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The developer shall pay one half the cost of a City approved landscaped
median not to exceed $3,000 along the project frontage with $1500 to be paid
within 6 months of issuance of the building permit for the drive-thru. The
remainder of the cost shall be paid within one year of the issuance of the
building permit. The applicant shall provide the City with a signed
agreement to that effect.
DRAINAGE AI~D FLOOD COHTROL No Conditions
U~XLXTX]~S No Conditions
GKNKRAL REQUIRKMI~IITS AND APPROVALS No Conditions
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 13th day of December, 1983.
ATTEST:
Linda L. Oravec, Mayor
Marjor~ie ~K. Wahlsten, City Clerk